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Constitutional Court of Montenegro Marks 60th Anniversary
November 04, 2024

Today in Podgorica, the Constitutional Court of Montenegro held an official ceremony commemorating its 60th anniversary. The event was organised in cooperation with the AIRE Centre and with the support of the British Embassy in Podgorica.

The ceremony brought together more than 130 participants, including presidents and judges of constitutional courts from the region, current and former judges of the Constitutional Court of Montenegro, senior representatives from the legislative, executive, and judicial branches, members of the academic community, international organisations, diplomatic corps, and civil society. Among the attendees were delegations from the constitutional courts of Albania, Bosnia and Herzegovina, Croatia, Kosovo, North Macedonia, and Serbia, as well as representatives from the Venice Commission, the Council of Europe, and the European Court of Human Rights.

The ceremony was formally opened by the President of the Constitutional Court of Montenegro, Snežana Armenko, who emphasised the significance of the occasion. “This is an opportunity to reflect on the Constitutional Court’s rich history, but also to acknowledge the challenges that lie ahead. Despite the political, social, and institutional changes over the decades, the function of the Constitutional Court has remained constant: to safeguard the constitutional order and ensure that justice is accessible to all. This role is guided by the Court’s core mission—to remain a guardian of fundamental values: liberty, human rights, justice, and equality before the law.”

President Armenko underscored the Court’s crucial role in upholding the rule of law, particularly within the context of Montenegro’s path towards European Union membership.
“As we advance towards full EU membership, progress in the areas of the rule of law and human rights protection remains essential. I am confident that the Constitutional Court will continue to be a guarantor of Montenegro’s democratic development and a solid foundation for meeting European standards and values,” she concluded.

The President of Montenegro, Jakov Milatović, also addressed the audience, reflecting on six decades of constitutional adjudication in Montenegro. He highlighted the Court’s ability to adapt to significant socio-political shifts with the necessary institutional sensitivity and resilience.
“Throughout different state arrangements—from the six-member Yugoslav federation, to the two-member union, and finally to Montenegro’s full restoration of statehood in 2006—the Constitutional Court has consistently been expected to serve as the supreme guarantor of the constitutional and legal order. I would also recall that Montenegro’s constitutional tradition predates the establishment of the Court itself, going back to the adoption of the Constitution of the Principality of Montenegro in 1905. Taken together, these historic moments represent key milestones in shaping modern Montenegrin statehood,” said President Milatović.

The ceremony also featured remarks by the British Ambassador to Montenegro, Dawn McKen, who reaffirmed the United Kingdom’s commitment to supporting the rule of law and the harmonisation of domestic legal practice with European standards.
“Together, we are contributing to the development of an efficient, professional, and accountable judiciary—one that enjoys the trust of citizens and stands as a guarantor of justice for all,” said Ambassador McKen.

She noted that the UK’s cooperation with the Constitutional Court of Montenegro is centred on two strategic priorities: enhancing the transparency of the Court’s work and supporting the application of European human rights standards in Montenegro.
“The United Kingdom remains your partner on the path to strengthening the rule of law,” she added.

This year also marks the 20th anniversary of Montenegro’s ratification of the European Convention on Human Rights. This milestone coincides with the appointment of Ivana Jelić as Vice-President of the European Court of Human Rights—the first judge from the Western Balkans to hold such a high office.

“Where judicial impartiality, independence, and legality are joined by legal knowledge, experience, and the consistent application of European values and legal standards—especially those developed by the Strasbourg Court—the path to justice is assured. I hope that wisdom, integrity, and knowledge continue to guide Montenegro and its Constitutional Court on their European journey, with our shared goal of becoming the next member of the European Union. Respecting the standards for human rights protection established by the Council of Europe and the jurisprudence of the Strasbourg Court, and integrating them into domestic judicial practice, is itself a path toward EU membership,” stated Vice-President Jelić.

A special focus of the conference was the right to a healthy environment. This topic was addressed by Mladen Vukčević, former President of the Constitutional Court of Montenegro; Zlatko Knežević, retired President of the Constitutional Court of Bosnia and Herzegovina; and Biljana Braithwaite, Director of the AIRE Centre’s Western Balkans Programme.

As part of the event, the AIRE Centre presented its publication “Human Rights and Environmental Protection in Europe: A Review of the Case Law of the European Court of Human Rights”, developed in collaboration with Sustineri Partners. The guide provides an analysis of how various articles of the European Convention on Human Rights—such as the rights to life, health, privacy, and property—are applied to address different environmental threats, including climate change, pollution, land degradation, and biodiversity loss.

“The legal principles enshrined in the Convention and interpreted by the European Court of Human Rights are gaining increasing relevance in the Western Balkans. Industries such as mining, energy, and waste management are having growing impacts on communities and ecosystems, and courts are being called upon to adjudicate accordingly. I am proud that, as part of this important anniversary of both the Constitutional Court and the Montenegrin judiciary, attention has been given to an issue that will be of defining importance in the decades ahead,” said Braithwaite.

Over the past six decades, the Constitutional Court of Montenegro has played a central role in preserving the core constitutional principles on which the modern Montenegrin state is founded. This anniversary served not only as a moment of reflection on the institution’s distinguished history, achievements, and contribution to democratic development, but also as a platform for dialogue on the future challenges and opportunities facing the Court in the years to come.